H0364B1974A06105 PWK:JMT 06/08/20 #90 A06105
AMENDMENTS TO HOUSE BILL NO. 364
Sponsor: SENATOR BARTOLOTTA
Printer's No. 1974
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in rules of the road in general, further providing for
enforcement of failure to stop for school bus with flashing
red lights; and,
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Section 3345.1(b)(1), (c), (f)(2), (h)
introductory paragraph, (i) and (m) of Title 75 of the
Pennsylvania Consolidated Statutes are amended, subsection (e)
is amended by adding a paragraph and the section is amended by
adding subsections to read:
§ 3345.1. Enforcement of failure to stop for school bus with
flashing red lights.
* * *
(b) Applicability.--
(1) Except as provided in paragraph (2), this section
shall apply to [a driver] an owner of a motor vehicle meeting
or overtaking a school bus stopped on a highway or trafficway
when the red signal lights on the school bus are flashing and
the side stop signal arms are activated as described in
section 3345.
* * *
(c) Liability.--For each violation of section 3345 enforced
under this section, the driver of the motor vehicle shall be
liable as follows:
(1) The penalty for the violation shall be [as provided
in sections 1535(a) (relating to schedule of convictions and
points) and 3345.] a civil violation and a fine shall be
imposed in the amount of $300. The fine shall be distributed
as follows after administrative costs:
(i) $250 to the school district where the violation
occurred;
(ii) $25 to the police department that reviewed the
evidence package to determine the violation occurred; and
(iii) $25 to the School Bus Safety Grant Program
Account.
(1.1) The fine under paragraph (1) shall not be subject
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to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of
fines, etc.) or 3573 (relating to municipal corporation
portion of fines, etc.).
(2) [(Reserved).] A rebuttable presumption shall exist
that the owner of the vehicle was the operator at the time of
the alleged violation.
* * *
(e) Limitations.--
* * *
(1.1) (i) To the extent practical, an automated side
stop signal arm enforcement system shall use necessary
technologies to ensure that photographs or recorded video
images produced by the system shall not identify the
operator, the passengers or the contents of the vehicle.
(ii) No notice of liability issued under this
section may be dismissed solely because a photograph or
recorded video image allows for the identification of the
operator, passengers or contents of the vehicle as long
as a reasonable effort has been made to comply with this
paragraph.
* * *
(f) Defenses.--
* * *
(2) (i) The person named in the citation shall not be
required to identify the actual driver of the vehicle at the
time the violation occurred.
(ii) The owner shall provide to the court or vendor
for the school entity a sworn affidavit signed under
penalty of perjury containing the name and address of the
person who had care, custody or control of the motor
vehicle, including an employee of the owner or the person
who was renting or leasing the motor vehicle at the time
of the alleged violation.
(iii) The primary police department for the school
entity shall mail or electronically transfer a notice of
the citation to the person identified as having the care,
custody or control of the motor vehicle at the time of
the violation. The proof required under this section
creates a rebuttable presumption that the person having
the care, custody or control of the motor vehicle at the
time of the violation was the operator of the motor
vehicle at the time of the violation.
(iv) The notice required under this paragraph shall
contain the following:
(A) The information described in the original
notice of violation.
(B) A statement that the person receiving the
notice was identified by the owner of the motor
vehicle as the person having the care, custody or
control of the motor vehicle at the time of the
violation.
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(C) A statement that the person may offer a
defense as described in this subsection. If a person
identified by the owner as having care, custody or
control of the motor vehicle at the time of the
violation, the responsibility shall revert to the
owner of the vehicle.
(v) The owner may not attempt to transfer
responsibility more than one time using this procedure.
(vi) If a person other than the owner denies the
person was the operator and declines responsibility, a
new notice shall be issued to the owner which shall
include the following:
(A) a statement that the other person declined
responsibility; and
(B) a provision allowing for the option of
paying the civil fine or contesting the violation by
a stated date that shall not be less than 20 days
from the mailing of the new notice.
(vii) The person receiving the notice shall be
responsible for payment of the civil fine unless the
person either:
(A) returns a signed statement on a form
provided with the notice of violation that the person
was not the operator and declining responsibility, in
which case responsibility for the violation shall
revert to the owner; or
(B) admits to being the operator but denies
committing the violation, in which case the person
may contest the notice of violation in the same
manner as the owner may contest the violation.
* * *
(g.1) Duty of school district.--A school district may enter
into an intergovernmental agreement with the primary police
department with authority to issue violations using an automated
side stop signal arm enforcement system. The primary police
department is the police department in any municipality in which
the school district is located. If a municipality in which the
school district where the violation occurred is located does not
have its own police department, the school district may petition
the State Police for review of the evidence package from the
automated side stop signal arm enforcement system.
(g.2) Duty of police and police department.--Police officers
and police departments enforcing violations of section 3345 and
using automated side stop signal arm enforcement systems shall:
(1) Review submitted evidence from the manufacturer or
vendor of a system to determine if there is sufficient
evidence that a violation under section 3345 occurred and
electronically certify the notice of violation.
(2) Provide information to a school district or
contracted company that provides school transportation with
information related to the police or police department's
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capacity to view and authorize the notice of violation.
(h) Duty of manufacturer or vendor.--A manufacturer or
vendor of side stop signal arm enforcement systems shall submit
the following information to the [school entity] police or
police department:
* * *
(i) [Compensation to manufacturer or vendor.--The
compensation paid to the manufacturer or vendor of the side stop
signal arm enforcement system may not be based on the number of
citations issued. The compensation paid to the manufacturer or
vendor of the equipment shall be based upon the value of the
equipment and services provided or rendered in support of the
side stop signal arm enforcement system.] (Reserved).
* * *
(m) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Local board of school directors." A board of directors or
other governing authority of a school entity.
"Manufacturer" or "vendor." A company that creates, owns or
has a license or permission to sell, lease or distribute a side
stop signal arm enforcement system.
"Pupil transportation." The transport of resident pupils of
a school district to and from preprimary, primary or secondary
schools and students to or from public, private or parochial
schools. The term does not include transportation for field
trips.
"School entity." A school district, area [vocational-
technical] career and technical school, intermediate unit,
charter school, regional charter school or cyber charter school.
"Side stop signal arm enforcement system" or "system." A
camera system with two or more camera sensors and computers that
produce recorded video and two or more film or digital
photographic still images of a motor vehicle being used or
operated in a manner that violates section 3345.
"Side stop signal arms." As described in section 4552(b.1)
(relating to general requirements for school buses).
Section 2. Section 4572 of Title 75 is amended by adding a
subsection to read:
Amend Bill, page 1, line 15, by inserting after "students."
Nothing under this subsection shall be construed to permit
an activity by a driver of a school vehicle prohibited under
section 3351 (relating to stopping, standing and parking outside
business and residence districts) or 3353 (relating to
prohibitions in specified places).
Amend Bill, page 1, line 17, by striking out "2" and
inserting
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